FBI asked to monitor HPD probe into amputee's killing

Updated 7:31 am, Tuesday, September 25, 2012

Brian Claunch was shot and killed by a Houston police officer on Saturday at a personal care home. (Photo by KHOU)

Brian Claunch was shot and killed by a Houston police officer on Saturday at a personal care home. (Photo by KHOU)

FBI asked to monitor HPD probe into amputee's killing

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Houston Police Chief Charles McClelland has asked the FBI to investigate the fatal weekend shooting by a patrolman of a double-amputee in a wheelchair who threatened officers with a silver pen.

The chief contacted FBI Special Agent in Charge Stephen Morris early Saturday morning and notified him of the shooting involving someone he described as a "violent person," confirmed FBI spokeswoman Shauna Dunlap.

McClelland asked the FBI to monitor HPD's internal inquiry and conduct a parallel investigation into the incident.

"As I have done throughout my tenure as police chief, to the extent I can, the Houston Police Department will be open and transparent in all aspects of our response to this tragic event," McClelland said in a press statement.

The Texas Civil Rights Project-Houston said the public is entitled to a "full and open" review of the circumstances of the shooting.

"There needs to be a serious investigation into why a Houston police officer is shooting a double-amputee in a wheelchair down in cold blood,'' said staff attorney Wayne Krause Yang. "TCRP is very concerned about what policies and training led two fully armed police officers to lose control of a situation with a man with one arm, one leg, one felt tip pen that should have been routinely handled."

'Where is the training?'

The shooting also prompted members of the Greater Houston Coalition for Justice to ask U.S. Attorney General Eric Holder to accelerate the group's earlier request to launch an investigation into "patterns and practices" of civil rights violations by HPD against minorities and others, according to a statement from activist Johnny Mata.

"These cases occur so often, and they are treated so indifferently at all levels of law enforcement, this review is necessary to get the attention of the public and public officials," Mata said. "Where is the training? There could have been another way this case could have been handled. There were two officers at the scene, and they couldn't find a way to apprehend this person?''

Calls to the Civil Rights Division of the U.S. Justice Department for comment on the group's request were not returned.

Houston Mayor Annise Parker on Monday offered condolences to Claunch's family and friends, adding she expects the police to discipline any officers if their finding warrants punishment.

"There is a process in place to determine if the officer acted appropriately," Parker said. "Until the facts are in place, it is premature to draw any conclusions. I have utmost respect for the very difficult job of our Houston Police Department. However, if there were mistakes made, I know the police chief will take appropriate action."

'Waved a shiny object'

Police say officer Matthew J. Marin was protecting his partner when he shot Claunch in the head. Staff members called police early Saturday morning to the Healing Hands Assisted Home Care facility at 4309 Polk in the East End after Claunch became upset because his caregivers would not provide him with a cigarette or soda.

"The suspect was agitated and began to yell at the officers and threatened to kill them and the other residents of the home," according to an HPD statement released Monday. "As he yelled at the officers, he waved a shiny object in his hand in their direction. The suspect refused the officers' verbal commands to drop the object and advanced in a threatening manner toward one of the officers.

"As the suspect backed one of the officers into a corner, he attempted to stab the officer with the object," the statement said. "Officer Marin, fearing for his partner's life, and his own safety, discharged his duty weapon one time, striking the suspect. The object was discovered to be a shiny, ball point pen."

Saturday's shooting was the third call officers have made to the small facility in the past 14 months. On July 6, officers were dispatched to the home to investigate an assault between two residents after a incident involving spilled ammonia. And on March 2, 2011, police were called to the home after a resident claimed to be suicidal, HPD confirmed.

HPD officials said all officers are equipped with Tasers. HPD spokeswoman Jodi Silva, however, would not confirm if Marin had or used a stun device, saying this would be part of an investigation by HPD's homicide and internal affairs departments. Marin shot and killed a knife-wielding man in October 2008, after the suspect killed a neighbor and injured his girlfriend during an attack.

Was ward of state

Claunch has been a ward of the state since February 2003, after a probate court judge ruled that he had become incapacitated by mental illness and could no longer care for himself, according to court records. He was placed at Helping Hands facility in May of last year, left for a time, and returned in March, said Estella Olguin, a spokeswoman for the Harris County Guardianship Program.

Claunch lost an arm and a leg after he was hit by a train.

"Obviously we're saddened and shocked by the shooting death of Brian Claunch," Olquin said. "We are working closely with authorities and their investigation in providing information."

All police shootings in the county also are reviewed by the Harris County District Attorney's Office, whose staff then presents its findings to a grand jury to determine if criminal charges are warranted. A statement issued by Harris County District Attorney Pat Lykos said her office is "carefully reviewing the circumstances surrounding the death of Mr. Brian Claunch."